Prince Harry's Tabloid Lawsuit Could Drag Royals to the Witness Box

Prince Harry's wire-tapping lawsuit against the Daily Mail will likely go to trial, and other royals could be dragged into giving evidence, a lawyer told Newsweek.

The Duke of Sussex joins U.K. public figures including Elton John, Sadie Frost and Liz Hurley in suing Associated Newspapers (ANL) for alleged illegal practices.

The company, which publishes the Daily Mail and The Mail on Sunday, denies the allegations. ANL has applied to have the case thrown out on grounds the claims are too old, with some dating back as far as 1993.

Amber Melville-Brown, of international law firm Withers, told Newsweek that it was "highly likely" the newspaper group would fail and the case would proceed to trial. This would raise the prospect that other royal family members may be dragged into the case.

Melville-Brown said: "It seems to me highly likely that the summary judgment application will not succeed and that this will, at the very least, be green-lit for trial.

"How far down the road to trial this litigation juggernaut continues remains to be seen," she added.

"Harry's hoped-for destination may be to bring ANL to give live evidence in the Royal Courts of Justice to bring it to justice for what he argues are its unlawful activities," Melville-Brown said.

"But, in doing so, it is conceivable that other members of the Royal Family will be dragged along in its wake into the evidential and publicity fray, and even into the witness box."

Prince Harry's allegations directly involve Prince William as one relates to a private conversation with him about a photograph of Princess Diana dying, which was published in Italy.

In a witness statement seen by Newsweek, Harry wrote: "[The article] details my and William's anger about the publication of a photograph of our dying mother in the Italian media."

"My brother and I were relatively young at the time," the prince continued, "(I was just 21) and we were having private conversations about photographs of our dead mother, which had been put into the public domain.

"It was obviously a 'highly emotional call' for William and I as to what we should do," Harry added. "If Associated was willing to publish this type of material, then it really makes me wonder how far they are prepared to go and what else they learnt but never published because they would get caught."

However, Harry also accused the palace of keeping information on phone-hacking a secret from him: "The Institution made it clear that we did not need to know anything about phone-hacking, and it was made clear to me that the Royal Family did not sit in the witness box because that could open up a can of worms."

Melville-Brown said: "Ironic, perhaps then, that he brings his brother into the fray, referring to messages left by William for him, which were accessed and published; that he refers to having been conditioned to accept the Institution's policy of 'never complain, never explain;' and that he emphasizes that the family lawyer 'was clearly getting instructions from within the Institution not to involve myself or William about phone hacking by the News of the World.'"

Any possibility of being formally dragged into the case could cause a significant amount of discomfort for the royals and their staff. It comes at a time when King Charles III and Queen Camilla are preparing for the coronation in May.

Harry, however, needs to show the court that he could not have known he was the victim of alleged wiretapping, phone-hacking and other privacy breaches by the Mail titles until a point within the last six years, so the case is not considered out of time.

By accusing the palace of a cover-up, Harry is seeking to persuade the judge that he did not know the full extent of the evidence of wrongdoing uncovered by police in its investigation of phone-hacking by the now-defunct News of the World, owned by Rupert Murdoch.

Melville-Brown said: "For many a claimant, even one intent on pursuing justice, this may be their worst nightmare. But would it perhaps be more of a dream result for Harry?

"He is after all, fighting on two fronts against what appear to be his most favorite nemeses, the tabloid press and 'the Institution,' as he insists on referring to his family."

"In this fight, no less than any others he has launched against them," Melville-Brown added, "it seems that he is not pulling any punches."

Jack Royston is chief royal correspondent for Newsweek, based in London. You can find him on Twitter at @jack_royston and read his stories on Newsweek's The Royals Facebook page.

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